The Upper Tribunal (UT) recently considered whether a residential tenant had agreed to pay the amount charged by the landlord for granting retrospective consent to alterations to his flat.
The main course of disagreement between landlords and developers is in relation to the uplift in price to be paid by a developer to acquire the site once, for example, planning permission has been obtained.
We act for a client who owns a large multi-let distribution centre in Kent. One of its tenants was recently placed into liquidation owing our client arrears of rent and leaving it to fend off claims from suppliers and other creditors who claimed rights over goods being stored in one of the units.
We acted for the tenant of a mixed use property in Central London whose landlord refused the tenant permission to make a planning application to use the upper floors for residential purposes. The landlord refused permission on the grounds that it perceived the tenant’s ultimate motive was to try and force the sale of the freehold under the enfranchisement process. The tenant issued court proceedings were issued.
This case study demonstrates the expertise of our Dispute Resolution team who advise a wide range of commercial landlords in relation to recovering rent arrears from tenants or other parties. This case study looks at the ability of a landlord to claim rent from a previous tenant.